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Matthew Fleharty

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Everything posted by Matthew Fleharty

  1. Matthew Fleharty

    Fee on Negotiated Changes

    I disagree - misrepresenting facts is not negotiating in good faith...
  2. Matthew Fleharty

    NAF Funding

    No, the FAR is only Applicable when (according to FAR 1.104): See definition of "acquisition" which states (emphasis added): Since you're using non-appropriated funds the FAR, including its pricing policies, do not apply. Take a moment and re-read your original post jfeibel. Do you notice how it contradicts itself? Why state upfront that "the FAR doesn't apply to NAF" then immediately disregard that statement to inquire as to whether or not you would "be bound be [sic] FAR since you are using a contract"?
  3. Matthew Fleharty

    Charging with Coverage

    Desparado, While I'm not Vern, here are some examples of what I consider Discussions versus Questions:
  4. Matthew Fleharty

    how to structure emergency service

    If there was a book of contracting aphorisms, this statement would certainly be in there.
  5. Matthew Fleharty

    Evaluation criteria very vague

    Lotus - you might get the help you're looking for if you properly responded to Vern's original request by actually providing the solicitation number so he (or others) could review it in its entirely rather than cherry picked portions of the document.
  6. Matthew Fleharty

    Defective Pricing

    When you say “defective pricing” are you trying to inquire about “defective certified cost or pricing data?” See FAR 15.407-1.
  7. Matthew Fleharty

    Contract lines of authority

    Assuming you're the individual with decision authority in all of this, I recommend you go with the individual who can give you a sound explanation for his/her position. The individual should be able to explain what the issue is and what the rule(s) is/are in relation to that issue, apply the rule(s) to the issue, and reach a valid conclusion (see syllogism or deductive reasoning). Other decision methods include flipping a coin or choosing the person whose answer best aligns with your preconcieved opinion (neither of which I'd recommend).
  8. Matthew Fleharty

    how to structure emergency service

    Carl, Falsely assuming comments were directed at you detracts from the discussion - my comments were broad and general. You’ll know if I’m directing a comment at you (like with this one).
  9. Matthew Fleharty

    how to structure emergency service

    "A foolish consistency is the hobgoblin of little minds..." Too much consistency is a sign of stubbornness, a lack of learning/thinking, and/or a lack of adapting to changing environments.
  10. Matthew Fleharty

    Solicitation questions and answers

    Famous last words: "To this point it has worked well..."
  11. Matthew Fleharty

    Solicitation questions and answers

    In that case, why wouldn't a prospective offeror simply wait to ask questions until after your deadline passes so that they are the only ones with that information?
  12. Matthew Fleharty

    Solicitation questions and answers

    What do you mean by "will take and answer" and "an individual basis"?
  13. Matthew Fleharty

    Term Procurement vs. Acquisition

    See FAR 2.101:
  14. Matthew Fleharty

    Commerciality Request

    Your search shouldn't be endless unless your contract is endless (which I doubt is the case). As someone new to this, I cannot overstress the importance of reading your contract(s).
  15. Matthew Fleharty

    Degrees and experience

    This is a Contract Award Process question how exactly?
  16. Matthew Fleharty

    PBP Milestone - Mulitiple Payments

    I find it interesting (and antiquated) that there is this separation between any type of contract financing and the word "incentive." Since cash flow is a vital part of a company's return on investment and cash flow is impacted by financing arrangements the two seem inseparable (to me). This incongruity is probably what drove policies like we saw here with PBPs.
  17. Matthew Fleharty

    Problem of the Day

    I'm curious to hear the story behind why this became the Problem of the Day. Also, will this be a recurring thing?
  18. Matthew Fleharty

    PBP Milestone - Mulitiple Payments

    PBPs don't serve as a cap that a contractor bills against gradually as they incur costs. They're binary - when the contractor completes the event, they receive payment equal to the amount in the payment schedule for that milestone; until then, they don't. See paragraph (a) of the clause you reference 252.232-7012 (emphasis added below): Assuming the following clause is also in your contract, see FAR 52.232-32( c )(1) (emphasis added below):
  19. Matthew Fleharty

    PBP Milestone - Mulitiple Payments

    I don't think the OP is the government's contracting officer. See the following (emphasis added):
  20. Matthew Fleharty

    PBP Milestone - Mulitiple Payments

    Stating "the contractor front loaded their costs" is a misnomer - you probably meant to say "the contractor front loaded their payments" (because if the contractor front loaded their costs, they likely wouldn't be trying to invoice for payments in excess of costs incurred). As such, it may be worth noting that the contractor does not unilaterally determine the PBP schedule - those milestones and their amounts are agreed to by the contractor and the government's contracting officer.
  21. Matthew Fleharty

    PBP Milestone - Mulitiple Payments

    What if the contract was awarded prior to the passage of the 2017 NDAA? In case this turns into a law vs. regulation discussion, here's a previous topic on that issue:
  22. To each their own I suppose, best of luck to you charles.
  23. So instead of asking five questions in your original post and creating a lot of noise, why not simply ask: What was your original question? I counted five...is it the one that came first, last,...? EDIT: Clearly my use of the word "silly" got to you which wasn't my intent so my apologies for that. I'd edit it out of my original post, but then that would simply make your response look, well "silly"
  24. What are you even trying to ask? Your previous sentence cites the two ways an offeror is notified of their lack of success: either by a required notice or by requesting notification. Assuming an prospective contractor wants to know whether she was unsuccessful, why wouldn't the contractor simply "request award status?" The premise of your line of questioning is silly.
  25. Matthew Fleharty

    "Legitimate Need"

    This is not uncommon (emphasis added below): Take a moment (or two) and think...assuming single points of failure are bad, why wouldn't an agency be permitted or have an interest in eliminating/reducing them?
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